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Delaware HOA and condo electronic voting law
Can a homeowners or condominium association in Delaware hold its vote online? Here is what state law says and what it means for your board.
Yes. State law expressly allows electronic voting
Main law: 25 Del. C. 81-310, 81-323.
Reviewed September 16, 2026. A summary of state law, not legal advice. Each association, and any management company acting for it, is responsible for confirming with its own attorney that a vote complies with state and local law and its governing documents. See our Terms of Service.
The rules at a glance
| Legal status | Allowed by statute |
|---|---|
| Main statute | 25 Del. C. 81-310, 81-323 |
| How electronic voting gets authorized | Registered email or e-voting software listed for all owner votes. Ballots without a meeting allowed unless documents limit (81-310(f)) |
| Secret ballot and counting | Secret ballot option on board removal |
| Paper ballot option | Secret written ballot for removal votes |
| Ballot retention | State law does not set a period |
A state statute speaks to electronic voting for community associations. Read how it gets authorized below: some statutes let the board decide, some require each owner to consent, and some let governing documents opt out.
Which Delaware rules apply to your association
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Homeowner and condominium associations | Allowed by statute 25 Del. C. 81-310, 81-323 | 1 step the board confirms before a binding vote |
What Delaware law requires, and what VoteStead does
The association's declaration, bylaws and articles do not prohibit electronic voting. 25 Del. C. 81-310(f)
VoteStead: The board confirms this on the launch checklist before a binding vote opens. The confirmation, with who made it, goes into the audit log.
Ballot records
Delaware law does not set a retention period. Your documents and association records rules govern.
VoteStead keeps the certified result and the audit log, and deletes sealed ballots and voting credentials 1 year after voting closes by default. Ask for a longer hold and we keep them longer. Where your state sets a longer records period, that period applies to the records your association keeps, and the certified result and audit log are what you file.
Before your first online vote in Delaware
- The association's declaration, bylaws and articles do not prohibit electronic voting
- Collect owner emails and mobile numbers, and mailing addresses for everyone else
- Choose 3 key holders who are not candidates, not board members up for election and not the managing agent
Built from VoteStead's Delaware rule pack. A summary, not legal advice. Your association and its attorney confirm what applies to your community.
Running a Delaware vote with VoteStead
Available now
VoteStead runs Delaware elections with a rule pack that apply the state's consent, secret ballot and records rules. VoteStead's counsel reviewed it. The launch checklist blocks voting until the board confirms the required steps.
No VoteStead features are turned off by Delaware law.
Your responsibility for Delaware law
Your association, and any management company acting for it, is responsible for confirming that each vote complies with Delaware law, county and city rules, and your governing documents. This page and the Delaware rule pack summarize state law as of the reviewed date and do not cover local rules or your own documents. Have your attorney confirm your authority and your notice, quorum and counting rules before a binding vote. VoteStead is not responsible for a vote found invalid because of those determinations. See our Terms of Service.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- A live turnout board, quorum proxies and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
Delaware questions
Can an HOA or condo association in Delaware vote online?
Yes. State law expressly allows electronic voting. How it gets authorized: Registered email or e-voting software listed for all owner votes. Ballots without a meeting allowed unless documents limit (81-310(f)). Main law: 25 Del. C. 81-310, 81-323. Reviewed September 16, 2026. This is a summary, not legal advice.
What are the Delaware secret ballot and vote counting rules?
Delaware rule on secrecy and counting: Secret ballot option on board removal. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in Delaware keep a paper ballot option?
Delaware rule: Secret written ballot for removal votes. VoteStead prints paper ballot packets with a secret ballot envelope, logs each returned envelope and counts paper ballots with the online ones.
How long must a Delaware association keep ballots?
Delaware law does not set a period for these ballots. VoteStead keeps sealed ballots for 1 year after voting closes by default.
Is VoteStead available for Delaware associations?
Yes. VoteStead runs Delaware elections with a rule pack for the state's community association law, reviewed by VoteStead's counsel. Features the state does not allow are turned off. Your association, and any management company acting for it, remains responsible for confirming each vote complies with Delaware and local law and its governing documents.